Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2685
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

WIPIP Session 3: Trademark again

3 months agoIndustries / Law : 43(B)log

Session 3 Trademark 2 Irene Calboli & Dan Hunter, Trademark Proliferation: Lots of marks—Louboutin soles; motion of Lamborghini doors; etc. Why so many? Very broad definition of what can be protected as a mark + ill-interpreted concept of distinctiveness. Show More Summary

IPSC Session 2: Trademark 1

3 months agoIndustries / Law : 43(B)log

Trademark 1 Paul Heald, Testing Theories of Tarnishment in Trademark and Copyright Law Tarnishment should be treated like false advertising: you should have to prove some (likely) damage to your TM to win, rather than presumptions. Tarnishment is a psychological/cognitive theory. Show More Summary

New article forthcoming on trademark registration

3 months agoIndustries / Law : 43(B)log

New article: Registering Disagreement: Registration in Modern American Trademark Law, 130 Harvard L. Rev. (forthcoming 2016) Abstract: Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others’ uses of their (or similar) marks is broken. Show More Summary

WIPIP, plenary session 1

3 months agoIndustries / Law : 43(B)log

WIPIP, University of Washington School of Law Plenary Session 1: Innovation Policy Stephanie Bair, Promoting the Useful Arts: Corporate Edition 87% of patents are assigned to organizations, not individuals. How to motivate individuals/employees? Assumption is usually that companies will offer optimal incentives, such as financial bonuses. Show More Summary

Uber and out: court grants limited but still tricky injunction against Uber

3 months agoIndustries / Law : 43(B)log

Uber Promotions, Inc. v. Uber Technologies, Inc., No. 15-cv-206 (N.D. Fla. Feb. 16, 2016) This is a hardcore test of how you feel about consumer protection as the sole legitimate aim of trademark law. Uber Technologies (Tech) rolledShow More Summary

No compelling interest in right of publicity for private figure, 9th Circuit rules

3 months agoIndustries / Law : 43(B)log

Sarver v. Chartier, No. 11-56986 (9th Cir. Feb. 17, 2016) Shorter opinion about why the film The Hurt Locker didn’t violate Army Sergeant Jeffrey Sarver’s right of publicity: “video games are different.” Sarver led a team in Iraq to dispose of IEDs. Show More Summary

High-quality health care claims are puffery

3 months agoIndustries / Law : 43(B)log

Intermountain Stroke Center, Inc. v. Intermountain Health Care, Inc., --- Fed.Appx. ----, 2016 WL 523613, No. 14–4045 (10 th Cir. 2016) Intermountain Health Care is a large hospital/clinic/doctor network. Before it ceased business in...Show More Summary

Reading list: the class action as trust

3 months agoIndustries / Law : 43(B)log

Sergio J. Campos, The Class Action as Trust. Abstract: The class action is controversial because the class attorney can litigate or settle the claims of the class members without their consent. Many scholars have turned to corporate law to address the potentially disloyal behavior of the class attorney. Show More Summary

seller-incentivized reviews might be misleading (and violate FTC guidelines)

3 months agoIndustries / Law : 43(B)log

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 538458, No. 13-CV-982 (D. Utah Feb. 9, 2016) The parties (plaintiff d/b/a NutriGold and defendant d/b/a NatureWise) make and sell dietary supplements online, including on Amazon; their competing products include one containing garcinia cambogia and one containing green coffee. Show More Summary

Rules of Engagement for Valentine's Day

3 months agoIndustries / Law : 43(B)log

I talked about the rules of engagement for Valentine's Day in this YouTube video from Georgetown.The Note on which this is based can be found here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Reading list: Feminist values in the Archive of Our Own

3 months agoIndustries / Law : 43(B)log

Casey Fiesler et al. have written An Archive of Their Own: A Case Study of Feminist HCI and Values in Design (CHI 2016), a paper about feminist principles and human-computer interaction in the Archive of Our Own. As a noncommercial website,...Show More Summary

From tarnished financial brand to ashy whiskey?

4 months agoIndustries / Law : 43(B)log

This story about Lehman Brothers whiskey is... well, it is what it is. I'm not sure I've seen a similar use of an abandoned mark before. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

The rest is silence: #thatswhatshesaid goes on, redacted

4 months agoIndustries / Law : 43(B)log

Here's the story. Apparently Pike just got another C&D from the holder of the rights in the play The Whipping Man, which is apparently represented in Pike's work by the sound of 72 pages flipping (because there are no women in the play at all). Show More Summary

Warning sign for the First Amendment: safety signs unconstitutional?

4 months agoIndustries / Law : 43(B)log

PSEG Long Island LLC v. Town of North Hempstead, No. 15-cv-0222 (E.D.N.Y. Feb. 3, 2016) Around the country, construction companies and similar businesses are routinely required to post warning signs of various sorts in order to proceed with their work. Show More Summary

California claims for injunctive relief can't be remanded after CAFA removal

4 months agoIndustries / Law : 43(B)log

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015) The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state to federal court, and the rule against claim-splitting wins. Show More Summary

Notice and staydown: new slogan for a bad old idea

4 months agoIndustries / Law : 43(B)log

The EFF on why the cleverly named “notice and staydown” proposals are actually just “filter everything” with a better slogan. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Empire down: Fox's series protected no matter how confused consumers are

4 months agoIndustries / Law : 43(B)log

Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 15-2158 (C.D. Cal. Feb. 1, 2016) Sometimes it’s nice to see the law work itself pure, as a court clears out some plaintiff-postulated ambiguities in Rogers v. Grimaldi. Show More Summary

Absurd "world record" claim isn't use of actual record-holder's identity

4 months agoIndustries / Law : 43(B)log

Martin v. Living Essentials, LLC, 2016 WL 374142, No. 15 C 01647 (N.D. Ill. Feb. 1, 2016) Ted Martin, who holds the world record for most consecutive kicks in hacky sack (no knees, no partner) sued for invasion of privacy and false advertising...Show More Summary

Consumer protection fellowship for law students

4 months agoIndustries / Law : 43(B)log

The deadline for the ABA Section of Antitrust Law’s Janet Steiger Fellowship Program has been extended to Friday, February 5th. Steiger Fellows receive a $6,000 stipend for summer internships in the offices of 36 State Attorneys General...Show More Summary

Reading list: Hoofnagle on FTC Privacy Law

4 months agoIndustries / Law : 43(B)log

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016) Review copy. The book will be available on Amazon Feb. 5. This is a detailed, clearly written guide to the FTC, with specific attention to its privacy practices...Show More Summary

Copyright © 2015 Regator, LLC